2010 – Graham v. Florida: Banned juvenile life without parole (JLWOP) for non-homicide offenses .
2012 – Miller v. Alabama: Found that mandatory JLWOP for juveniles violates the Eighth Amendment’s ban on cruel and unusual punishment .
2016 – Montgomery v. Louisiana: Extended Miller protections retroactively, meaning those already sentenced to mandatory JLWOP could be resentenced .
However, despite this momentum, 22 states still allow juvenile life without parole for homicide crimes . Pennsylvania, for example, has nearly 300 individuals who have been resentenced and released, but six have received new JLWOP sentences .
The “Superpredator” Myth and Tough-on-Crime Policies
In the 1990s, criminologists like John Dilulio warned of an impending wave of “superpredators”—remorseless juvenile criminals who would overrun the country if harsh penalties weren’t imposed . Though crime rates were already declining, this myth fueled tough-on-crime policies that:
Expanded transfer of juveniles to adult court
Broadened the crimes for which minors could face adult sentences
Contributed to the rise of JLWOP sentences
The superpredator theory turned out to be wrong. Even its creators later admitted it “contributed to the dismantling of transfer restrictions, the lowering of the minimum age for adult prosecution of children, [and] placing thousands of children into an ill-suited and excessive punishment regime” .
Alternatives to Harsh Sentencing
Across the country, there is a growing movement to shift toward rehabilitation, diversion, and restorative justice for young offenders.
Teen courts allow justice-involved youth to be judged by their peers. Successful completion of sanctions (community service, restitution, apology letters) results in the record being expunged—keeping youth out of the formal system and avoiding the long-term consequences of a criminal record .
